
A mounting battle over the legitimacy of Alina Habba’s appointment as acting U.S. Attorney for New Jersey has paralyzed federal criminal proceedings across the state, prompting at least a dozen judges to pause trials, plea hearings and sentencings amid uncertainty.
Last week, U.S. District Judge Matthew Brann ruled that Habba had been serving unlawfully in the position since July 1, declaring her de facto appointment invalid.
Although Brann stayed his decision to allow for an appeal, the legal cloud has already cast a shadow over dozens of proceedings.
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Politico reported Tuesday, citing a new legal filing, that these delays include a high-profile triple-homicide trial rescheduled for November after a career prosecutor was replaced to accommodate Habba, as well as the sentencing of a CEO convicted of pandemic-era investor fraud. That sentencing, originally slated for early September, has been postponed indefinitely.
Deputy Attorney General Todd Blanche has begun cosigning routine filings with Habba’s office in a bid to safeguard ongoing cases, an unusual measure reflecting the elevated risk of disruption.
Attorney General Pam Bondi and the Justice Department swiftly appealed Brann’s ruling. According to court documents, they aim to press forward through the Third Circuit Court of Appeals, with oral arguments tentatively scheduled for late October to early November.
Officials warn that prolonged uncertainty could force further adjournments, disrupting public interest and the rights of defendants to timely adjudication. “The longer it takes to resolve these appeals, the greater the risk that still more matters will be adjourned indefinitely,” DOJ attorneys wrote in filings.
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Reacting to the news, journalist Adam Klasfeld wrote on the social platform X: "Trump's DOJ is choosing to snarl criminal matters in the District of New Jersey to fight to keep a non-Senate confirmed, district judge-rejected appointee in the U.S. Attorney post."